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    NFL's Concussion Settlement Will Look at Racial Bias in Payouts

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    AdvertisementContinue reading the main storySupported byContinue reading the main storyN.F.L. Asked to Address Race-Based Evaluations in Concussion SettlementMediation in the case could force a reopening of hundreds of denied dementia claims from Black players if race-based evaluation benchmarks are thrown out.Najeh Davenport is one of two retired N.F.L. players who brought suits alleging that the race-based benchmarks for evaluating dementia claims in the league’s concussions settlement were discriminatory.Credit…Jeffery Salter for The New York TimesMarch 9, 2021Updated 8:08 p.m. ETThe judge overseeing the landmark N.F.L. concussion settlement ordered a mediator to look into concerns about the league’s use of separate scoring curves — one for Black athletes, another for white players — used by doctors to evaluate dementia-related claims that retired players say “explicitly and deliberately” discriminated against hundreds if not thousands of Black players.The mediation between the N.F.L. and the lawyers representing the 20,000 or so retired players covered in the settlement comes after two retired Black players, Kevin Henry and Najeh Davenport, filed a civil rights suit and a suit against the settlement in August that called for an end to the practice of race-normed benchmarks to assess their claims of dementia and Alzheimer’s disease. Both cases were dismissed but lawyers for the two players are planning to appeal.Their allegation of systematic discrimination shined a harsh light on the settlement reached in 2015. The payouts from the settlement have since been plagued by delays, predatory lenders, accusations of fraud and a lack of transparency. Criticisms of the race-based evaluation policies come at a critical time for the N.F.L., as it seeks to address racial inequity and social concerns raised by Black players, who make up about 70 percent of active players on the league’s rosters.After the suits were filed, four members of Congress requested data from the N.F.L. to determine if Black players were being discriminated against. (The N.F.L. declined to share.) Last month, an ABC News report included correspondence between doctors hired to evaluate retired players in which the neuropsychologists raised concerns that race-norming discriminated against Black players. This month, more than a dozen wives of Black retired N.F.L. players sent the judge a petition with nearly 50,000 signatures calling for an end to race-norming.For now, the mediation keeps their complaints alive.The judge overseeing the settlement, Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania, dismissed the lawsuits because they were an “improper collateral attack” on the settlement. Brody expressed concern about the race-based benchmarks the league’s doctors use, but provided no specifics to guide the mediator, who must “address the concerns relating to the race-norming issue.”A magistrate judge will serve as mediator between the N.F.L. and Christopher Seeger, the lead lawyer for the plaintiffs who represents the entire class of 20,000 or so retired players. There is no timeline for the sides to reach any agreement.Lawyers for Henry and Davenport, as well as the wives of former players, expressed doubt that Seeger will fairly represent Black players’ interests in the mediation. The N.F.L. and Seeger, they said, introduced the use of race-norming into the settlement agreement in 2017 and have no incentive to admit now that it is flawed.“We are deeply concerned that the Court’s proposed solution is to order the very parties who created this discriminatory system to negotiate a fix,” said Cyril Smith, a lawyer for Henry and Davenport. “The class of Black former players whom we represent must have a seat at the table and a transparent process, so that we are not back in the same place four years from now dealing with another fatally flawed settlement.”Christopher Seeger, left, is the lead attorney for about 20,000 former N.F.L. players who reached a settlement with the league over concussions. Some players are now questioning whether he can advocate on behalf of Black players.Credit…Matt Rourke/Associated PressAmy Lewis, whose husband, Ken Jenkins, played in the N.F.L., was equally skeptical. Leaving the N.F.L. and Seeger to work out an agreement is “giving the fox another chance to guard the hen house,” she said in a letter to Judge Brody sent on behalf of more than a dozen other wives of N.F.L. players. “How can any of us have any faith that the violating parties are not going to, once again, bury this and deny civil rights to our husbands?”Lewis said the group would ask the Department of Justice and Congress to launch an investigation into “civil rights violations and possible collusion” between the N.F.L. and Seeger.In a statement, Seeger said he has “not seen any evidence of racial bias in the settlement program,” but “continues to review claims to determine if any claim was inappropriately denied as a result of application of these adjustments.”But he said that race-based demographic adjustments should be scrapped and players who had their claims denied because of race-norming should have their tests scored again without the race-based adjustments if there was evidence of discrimination.“This means eliminated and gone from the settlement,” Seeger said in a statement. Some lawyers remain skeptical that Seeger, who previously denied the existence of any discrimination, will push the N.F.L. hard enough to re-evaluate the scores of the thousands of Black players who have been tested and may not even know why they were excluded, a process that could lead to hundreds of players eventually qualifying for payments each potentially worth hundreds of thousands of dollars.“It’s not hard to do, but it could be expensive for the N.F.L.,” said Justin Wyatt, who represents more than 100 retired players in the settlement. “We need to search for where people have been discriminated against, and that means rescoring every African-American player. It’s incumbent on us to make sure this process is discrimination-free.”Senator Ron Wyden of Oregon, who with Senator Cory Booker of New Jersey and two members of the House asked the N.F.L. for data on race-norming, said, “The league has failed to produce a shred of scientific evidence supporting the absurd claim that using this race-based formula somehow helps Black former players, instead of unfairly preventing them from getting benefits.”He added: “The N.F.L. is out of excuses — it needs to drop this racist formula immediately.”Thus far, the N.F.L. has paid more than $765 million to 1,189 players with dementia, Alzheimer’s disease and other cognitive and neurological diseases. However, far more players have had their claims denied, audited or withdrawn, including about 70 percent of the claims for dementia.In a statement, the N.F.L. said it was pleased with the judge’s decision to dismiss the cases and looked forward to working with the mediator, Magistrate Judge David R. Strawbridge, “to address the Court’s concerns.”AdvertisementContinue reading the main story More

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      in Football

      Marty Schottenheimer, 77, Winning N.F.L. Coach With Four Teams, Dies

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyMarty Schottenheimer, 77, Winning N.F.L. Coach With Four Teams, DiesWith a running attack known as Martyball, his teams won 200 regular season games and reached the playoffs 13 times but never made it to the Super Bowl.Marty Schottenheimer coaching the  Cleveland Browns during the 1980s. He gained acclaim for turning around floundering teams. Credit…The Sporting News/Sporting News, via Getty ImagesFeb. 9, 2021Updated 3:01 p.m. ETMarty Schottenheimer, who won 200 regular-season games as an N.F.L. head coach, the eighth-highest total in league history, and took teams to the playoffs in 13 of his 21 seasons but never made it to the Super Bowl, died on Monday in Charlotte, N.C. He was 77. The cause was Alzheimer’s disease, said Bob Moore, a spokesman for the family. Schottenheimer died at a hospice facility near his home in Charlotte after being in its care since Jan. 30. He was first given a diagnosis of Alzheimer’s in 2014.Coaching four franchises with an often headstrong manner, Schottenheimer gained acclaim for turning around floundering teams, often emphasizing a power-running offense known as Martyball.At first, the tag was emblematic of his winning ways, at least in the regular season. But as the years passed, and Schottenheimer’s teams reached a conference final only three times and then lost all three games on that final rung toward the Super Bowl, Martyball became a term of derision, branding his offense as too conservative.Schottenheimer coached the original Cleveland Browns from midway through the 1984 season to 1988, the Kansas City Chiefs from 1989 to 1998, the Washington Redskins in 2001 (the team dropped that name last July) and the San Diego Chargers from 2002 to 2006.His teams went 200-126-1 over all, and he was named the 2004 N.F.L. coach of the year by The Associated Press when his Chargers went 12-4 after finishing the previous season at 4-12. But they were upset by the Jets in the first round of the playoffs.Schottenheimer’s squads had a 5-13 record in playoff games.In the run-up to the Chargers-Jets playoff game, Lee Jenkins of The New York Times, reflecting on Schottenheimer’s intensity, wrote how “anyone who watches Schottenheimer standing on the sideline Saturday night against the Jets, arms crossed and feet shoulder-width apart, will recognize him as that angry professor from Kansas City and Cleveland.”“He still wears his gold spectacles,” Jenkins wrote, “and sets his square jaw and roars his favorite football platitudes in a hoarse baritone that makes him sound as if he has been screaming for three and a half quarters.”Schottenheimer as head coach of the San Diego Chargers during a divisional playoff game in 2007. After the Chargers lost, he was fired.  Credit…Mike Blake/ReutersHue Jackson, an assistant to Schottenheimer with the Redskins and a future head coach of the Oakland Raiders and the second Cleveland Browns franchise, was struck by Schottenheimer’s football smarts coupled with an insistence on control.“My time with him, I watched one of the most passionate football coaches I had ever been around,” Jackson told ESPN in 2016. “I know everybody has the stories about Marty crying.”“He taught me a ton about the running game, being tough, just what it meant to be a part of a team,” Jackson recalled, adding, “Marty does not back down from anybody.”Martin Edward Schottenheimer was born on Sept. 23, 1943, in Canonsburg, Pa., near Pittsburgh, and grew up in nearby McDonald, a coal town, where his grandfather Frank, a German immigrant, had worked in the mines. His father, Edward, worked for a grocery chain, and his mother, Catherine (Dunbar) Schottenheimer, was a homemaker.Schottenheimer was considered one of the best high school defensive linemen in western Pennsylvania. He went on to the University of Pittsburgh, playing at linebacker from 1962 to 1964, and was named a second-team All-American by The Associated Press for his senior season.He was selected in the fourth round of the N.F.L.’s 1965 draft by the Baltimore Colts and in the seventh round of the American Football League draft by the Buffalo Bills.Schottenheimer, 6 feet 3 inches and 225 pounds, spent four seasons with the Bills and another two with the Boston Patriots.After working in real estate following his retirement as a player, he turned to coaching in the N.F.L. He spent two years as the Giants’ linebacker coach and then was their defensive coordinator in 1977. He coached the Detroit Lions’ linebackers for two seasons after that before becoming the Browns’ defensive coordinator. He succeeded Sam Rutigliano as the Browns’ head coach midway through the 1984 season, when they were 1-7.Relying on a power ground game featuring Earnest Byner and Kevin Mack and the passing of Bernie Kosar, Schottenheimer took the Browns to the American Football Conference final following the 1986 and 1987 seasons, but they lost to the Denver Broncos each time in their bid to reach the Super Bowl.The first time, the quarterback John Elway led the Broncos to a tying touchdown after they took over on their 2-yard line late in the fourth quarter, the sequence that became known as “the drive.” The Browns were then beaten on a field goal in overtime.The next year, in a play that became known as “the fumble,” Byner was stripped of the football just as he was about to cross the goal line for a potential game-tying touchdown with about a minute left. The Broncos took a safety and ran out the clock for a 38-33 victory.Schottenheimer’s 1988 Browns team went 10-6 and lost in the first round of the playoffs. At the time, his brother, Kurt, was the team’s defensive coordinator, and when the owner, Art Modell, insisted that he reassign his brother, Schottenheimer quit. He had also resisted Modell’s demand that he hire a new offensive coordinator, having filled that role himself when it become vacant that year.Schottenheimer was the first to admit that he was strong-willed.“Maybe I thought there was a pot of gold somewhere else to be found,” he said in his memoir, “Martyball!” (2012), written with Jeff Flanagan. “But I was stubborn, very stubborn back then. I’ve always been stubborn but much more so when I decided to leave Cleveland.”He then began a 10-season run as coach of the Kansas City Chiefs, taking them to the playoffs seven times.Before the 1993 season, the Chiefs obtained two of the N.F.L.’s marquee names, quarterback Joe Montana, in a trade, and running back Marcus Allen as a free agent. The team then went 11-5 and reached the A.F.C. final against the Bills. But Schottenheimer once again missed out on the Super Bowl. Montana left the game early in the second half with an injury, and the Bills rolled to a 30-13 victory.Schottenheimer as head coach of the Kansas City Chiefs in 1997. The team went to 13-3 in the regular season that year but lost to the Denver Broncos in the first round of the playoffs. Credit…Jed Jacobsohn/AllsportThe Chiefs were 13-3 in the 1997 regular season, only to lose to the Broncos in the playoffs’ first round. Schottenheimer was fired after the Chiefs went 7-9 in 1998, the only time one of his Kansas City teams finished below .500.After two years as an analyst for ESPN, Schottenheimer was hired as the Washington coach in 2001. He took the Redskins to an 8-8 record, then was fired once more.His last N.F.L. stop came in San Diego, where he twice lost in the playoffs’ first round, the second time following the Chargers’ 14-2 season in 2006 behind their brilliant running back LaDainian Tomlinson. In firing Schottenheimer after that season, the Chargers cited his feuding with the general manager, A.J. Smith, over control of roster decisions.Schottenheimer was coach and general manager of the Virginia Destroyers of the United Football League in 2011, taking them to the league title.He is survived by his wife, Pat (Hoeltgen) Schottenheimer; a son, Brian, who was a quarterback coach under him; a daughter, Kristen; his brothers Bill and Kurt; a sister, Lisa; and four grandchildren.Schottenheimer refused to second-guess decisions he had made in the playoffs or at any other time.“I’ve made calls that, by all reason, were perfect, and got nothing,” he once told The Boston Globe. “And I’ve made calls that were inappropriate to the situation and they’ve worked. So go figure. Pro football is a strange game.”Alex Traub contributed reporting.AdvertisementContinue reading the main story More